from the inception the appointments were basically unconstitutional and we represent the speaker, john boehner, in this case, and i tell you, i think this is a great win for the constitution. and the separation of powers. i know my friend julian is going to disagree, but i think this is a very important signal that the president is a president,'s not a monarch, he doesn't get to make theys decisions by himself. a reason we have advice and consent in the constitution and i think this is a big day. no doubt about it. >> megyn: julian, your thoughts? >> well, if jay wants to say this is a decision of a monarch, then he would characterize former president bush as a monarch, former president bush made somewhere in the order of 171 of these appointments. these are appointments that have regularly been made by presidents. president clinton made 139. and somewhat what the court said here, different from what other courts have said, is that presidents cannot make recess appointments one, between congressing or two, between sessions of congresses which occur at basically the end of the year for a very s